Beter v. Baughman
- Gregory Woods
- 1:24-cv-00079
- U.S. District Court · Southern District of New York
- 2
In Beter v. Baughman, Judge Woods denied an extension to serve Edward Skyler and dismissed Beter’s claims against him without prejudice.
Petra Christina Beter’s claims against Defendant Edward Skyler were dismissed without prejudice; the order also denied Beter’s request for more time to serve Skyler.
What happened
In Beter v. Baughman, Magistrate Judge Tarnofsky recommended denying Petra Christina Beter more time to serve Edward Skyler and dismissing her claims against him. The recommendation found that Beter had not shown a sufficient reason for the late service and that more time would unfairly harm Skyler.
No party filed a timely objection to the recommendation. The district court therefore reviewed it for clear error, meaning an obvious mistake, and found none. The court adopted the recommendation in full.
Judge Gregory H. Woods granted Skyler’s motion to dismiss Beter’s claims against him and dismissed those claims without prejudice. The Clerk of Court was directed to terminate the motion listed at Docket No. 30.
The detailed version
- Beter v. Baughman · No. 1:24-cv-00079
- Gregory Woods
- May 7, 2024
Background
On April 22, 2024, Magistrate Judge Tarnofsky issued a report and recommendation advising the district court to deny Petra Christina Beter’s motion for an extension of time to serve Edward Skyler and to dismiss Beter’s claims against Skyler for failure to serve him on time. The recommendation concluded that Beter had not demonstrated good cause for the delay and that an extension would unfairly prejudice Skyler.
Review of the Recommendation
Under federal law, a district judge may accept, reject, or modify a magistrate judge’s report and recommendation. Parties may submit specific written objections within fourteen days after receiving the recommendation. Because no objection was submitted within that period, the court reviewed the recommendation for clear error. The court found no clear error and accepted and adopted the recommendation in its entirety.
Ruling
For the reasons stated in the recommendation, the court granted Edward Skyler’s motion to dismiss Beter’s claims against him. The court dismissed those claims without prejudice. The Clerk of Court was directed to terminate the motion pending at Docket No. 30. Judge Gregory H. Woods signed the order on May 7, 2024.
Disposition
The motion to dismiss was granted, and the claims against Edward Skyler were dismissed without prejudice. The opinion does not address the merits of those claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.